Family Law User Satisfaction Survey
The Family Court and the Federal Magistrates Court have voluntarily adopted the International Framework for Court Excellence. In the search for ‘excellence’ in delivery of customer service it is important to consider the needs and perceptions of all court users. One of the key initiatives to better understand the needs and perceptions of court users has been the development of this user satisfaction survey.
The intention is that the research will provide robust measurement of users’ perceptions of their court visit and experience that can be re-evaluated on an ongoing basis to determine if satisfaction levels are changing and to identify any areas for improvement.
The findings of the research are presented in this report. This document has been prepared for both internal court use and externally by relevant stakeholders.
The user survey involved 13 family law registries where judicial officers are resident. It was undertaken by volunteers who interviewed a sample of 1322 court users. It has qualitative and quantitative elements.
The demographic of the interviewee, excluding lawyers and paralegals, considered age, gender, income, language, education and marital status. The demographic provided a clearer profile of the interviewee but had little impact on the research findings of the interviewee’s court experience.
For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you. Click here for PDF copy of report
16 December 2011
Commencement of the Civil Dispute Resolution Act 2011 - 1 August 2011 - New Forms
The Federal Magistrates Court Amendment Rules 2011 (No1) introduced new rules in relation to the genuine steps requirement for certain types of proceedings as required under the Civil Dispute Resolution Act 2011.
These new rules mirror the Federal Court Rules and are scheduled to commence on commencement of the Civil Dispute Resolution Act 2011, 1 August 2011.
As the new rules require both the applicant and the respondent to file a genuine steps statement (Rules 4.09 and 4.10 of the Federal Magistrates Court Rules 2001) new forms have been approved by the Chief Federal Magistrate.
Click here to see new Applicant's Genuine Steps Statement and Respondent's Genuine Steps Statement which are to be used from 1 August 2011.
28 July 2011
Revised Family Violence Best Practice Principles launched by the Attorney-General on 19 July 2011
click here for the Family Violence Best Practice Principles (Family Law Courts Web Site)
19 July 2011
New requirement when filing consent parenting orders - in chambers
One of the amendments included in Federal Magistrates Amendment Rules 2011 (No 1) is a new rule regarding consent parenting orders made in chambers.
A new form has been approved which is required to be submitted when Federal Magistrates are asked to make orders in chambers. If the parties reach agreement at court, they can simply advise the Court orally of the same information without having to complete the form.
As from 11 July 2011 when consent orders are sought to be made in chambers, the new approved form must be completed and submitted with a copy of the proposed orders.
The Draft Consent Parenting Orders and allegations of abuse or family violence form is available on the Federal Magistrates Court website at the following link: http://www.fmc.gov.au/forms/html/application_parenting.html.
8 July 2011
Federal Magistrates Amendment Rules 2011 (No.1)
These Rules amend the Federal Magistrates Court Rules 2001:
The commencement date is 11 July 2011.
The amendment rules include a number of miscellaneous amendments including amendments to the family law/child support enforcement rules, a new requirement for documents filed to be printed with at least 12 point font and have not less than 8 mm between the lines of printing, and a new rule requiring parties to advise the Court when filing consent parenting orders, of allegations of abuse, family violence or other risk factors. Other significant amendments are outlined in the Explanatory Statement.
The Rules and the Explanatory Statement are available at http://www.comlaw.gov.au.
8 July 2011
Protocol between the DHS, FCoA and FMC
Protocol between the Department of Human Services, the Family Court and the Federal Magistrates Court
This protocol has been established to facilitate contact between the Department of Human Services Child Protection Program, the Family Court and the Federal Magistrates Court in order to ensure that a child’s need for protection is met and to ensure the best possible outcomes for a child.
* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.
Click here for a copy of the protocol (PDF - Family Law Courts Web Site)
4 July 2011
Legal Practitioners' Scale of Costs
The High Court, Federal Court, Family Court and Federal Magistrates Court have established a Joint Costs Advisory Committee (JCAC) to inquire into, and to make recommendations on, any variations in the quantum of costs (including expenses and fees for witnesses) allowable to legal practitioners which should be contained in the scales of costs in the:
High Court Rules
Federal Court Rules
Family Law Rules
Federal Magistrates Court Rules
These scales are used to determine the amount payable where one party must pay the legal costs of another party to a proceeding.
Interested persons and organisations are invited to submit in writing any views on changes to the scales of costs they wish to have considered by JCAC. JCAC is also seeking comments on whether, and to what extent, the weightings of the FCAC formula set out in its terms of reference should be adjusted in light of the Australian Bureau of Statistics 8667.0 - Legal Services, Australia, 2007-08 survey released on 24 June 2009.
Submissions (which will be available to the public unless deemed confidential by JCAC) should be sent to:
Ms Angela Filippello
Joint Costs Advisory Committee
c/o Family Court of Australia
GPO Box 9991
BRISBANE QLD 4001
jcac.submissions@familycourt.gov.au
The deadline for submissions is 30 June 2011.
click here for JCAC’s terms of reference (PDF)
click here for ABS Survey
5 April 2011
Electronic Filing
The Federal Magistrates Court, in conjunction with the Family Court, have extended provision for electronic filing to include the Initiating Application (family law). The Response to Initiating Application (family law) will be available from late March 2011 or a date to be advised. For more information see the User Guide to eFiling Initiating Applications in Family Law.
5 April 2011
The Federal Magistrates Court of Australia celebrates 10 years
Since the Federal Magistrates Court of Australia was established ten years ago it has experienced significant growth in workload, judicial numbers and jurisdiction and it is now the nation’s largest federal court.
The Court today celebrated its milestone at a function held in Sydney.
Applications were first filed in the Federal Magistrates Court of Australia on 23 June 2000 and the Court’s first sittings were conducted on 3 July 2000 in Adelaide, Brisbane, Canberra, Melbourne, Newcastle, Parramatta and Townsville.
The establishment of the Federal Magistrates Court marked a change in direction in the administration of justice at the federal level in Australia as it was the first lower level federal court since the passage of the Judiciary Act in 1903.
Chief Federal Magistrate Pascoe AO CVO said that he was extraordinarily proud of what has been achieved by the Court. “The evident success of the Federal Magistrates Court is measured not just by the volume of work which comes to it but also by the efficiency with which it manages that workload.”
As an example of the expanded workload, in the Court’s first full year of operation (2000-01) the Court received 36,435 applications but eight years later that figure had more than doubled with 85,984 applications filed in the Court in 2008-09.
The balance of family law work has evolved significantly since the inception of the Federal Magistrates Court and now over 80% of all family law applications (except those filed in WA) are filed in the Federal Magistrates Court with the Family Court now dealing with appeals and the most complex family law matters.
In addition, the Court deals with nearly all bankruptcy applications and approximately 95% of all migration applications filed in the federal courts.
Chief Federal Magistrate Pascoe said that, “While it has been a challenge over the years, the Court continues to meet one of its original objectives of avoiding undue delay for litigants and it has an outstanding reputation for efficiency and hard work.”
In its family law jurisdiction in 2008-09, the Court finalised approximately 84% of matters within 6 months and 95% of all matters were settled within 12 months. In the Court’s general federal law jurisdiction in 2008-09 the Court finalised approximately 79% of matters within 6 months and 93% within 12 months.
Ten years ago, the Court started with its original Chief Federal Magistrate, the current Chief Justice of the Family Court, The Honourable Diana Bryant and nine other Federal Magistrates. There has been a considerable increase in the membership of the Court which currently consists of 61 Federal Magistrates.
The Court’s jurisdiction has broadened over the years, particularly in the areas of general federal law to include bankruptcy, human rights, copyright, migration, industrial law, trade practices, privacy, administrative and admiralty law.
Chief Federal Magistrate Pascoe said, “All members of the Court, their Associates and staff should be very proud of their achievements over the last ten years and look forward to the future with confidence.”
The next ten years may bring a range of new challenges and opportunities with the Government’s plan to restructure the Federal Magistrates Court through the Access to Justice (Family Court Restructure and Other Measures) Bill 2010.
Under the proposed new structure the Federal Magistrates Court will continue to hear general federal law matters but the family law component of the Court is to operate as a general division of the Family Court.
“The Court will continue to work with Government as future plans evolve,” the Chief Federal Magistrate said.
See also
Historical overview of the Federal Magistrates Court of Australia, 2000-2010 (PDF)
10th Anniversay of the Federal Magistrates Court by Hon Robert McClelland MP, Attorney-General (PDF)
Federal Magistrates Court 10th Anniversary by Glenn Ferguson, President, Law Council of Australia, at
Federal Magistrates Court, Sydney,
9 July 2010 (PDF)
12 July 2010
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